Court of Common Pleas · 2361 MORSE ROAD, NC2W21 COLUMBUS, OH 43229 PLAINTIFF VS. COMPLAINT SANTINO...
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Transcript of Court of Common Pleas · 2361 MORSE ROAD, NC2W21 COLUMBUS, OH 43229 PLAINTIFF VS. COMPLAINT SANTINO...
NAILAH K. BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
New Case Electronically Filed:
July 31, 2017 14:16
By: TED M. TRAUT 0072514
Confirmation Nbr. 1133308
HUNTINGTON NATIONAL BANK NA CV 17 883795
vs.
Judge: KELLY ANN GALLAGHER
SANTINO DIBERARDINO
Pages Filed: 9
Electronically Filed 07/31/2017 14:16/ / CV 17 883795 / Confirmation Nbr. 1133308 / CLTLC
COMMON PLEAS COURT
CUYAHOGA COUNTY, OHIO
DESIGNATION FORM TO BE USED BY COUNSEL
TO INDICATE THE CLASSIFICATION OF THE CAUSE
THE HUNTINGTON NATIONAL BA Case No.
NA
VS. Judge: _
SANTINO DIBERARDINO
Defendant (s)
Has this case been previously filed & dismissed?
Case # _ _ _ _ _ _ _ _ _ _ _ _ Judge:
Yes U No 1*4.
Is this case related to any case now pending or previously filed? Yes
Case #_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Judge:_ _ _ _ _ _ _ _ _ _ _ _ _ _
□ No*
CIVIL CLASSIFICATIONS: Place an (X) in ONE Classification Only.
Foreclosures;
Utilize Separate Foreclosure
Designation Form
Professional Torts;
□ 1311 Medical Malpractice
□ 1315 Dental Malpractice
□ 1316 Optomeric Malpractice
□ 1317 Chiropractic Malpractice
□ 1312 Legal Malpractice
□ 1313 Other Malpractice
Product Liability:
□ 1330 Product Liability
Commercial Docket:
□ 1386 (Temp.Sup.R 1.03)
□ 1390 Cognovit
Administrative Anneals:
□ 1540 Employee Services
□ 1551 Other
Other Torts:
□ 1310 Motor Vehicle Accident
□ 1314 Consumer Relief (ORC 1345)
□ 1350 Misc. Tort
Workers Compensation;
□ 1550 Workers Compensation
□ 1531 Workers Comp. Asbestos
Amount of Controversy:
□ None Stated
CL Less than $25,000 ^
Prayer Amount sUaaskiAJL
I certify that to the best of my knowledge the within
except as noted above.
Other Civil:
□ 1500 Replevin/ Attachment
□ 1382 Business Contact
□ 1384 Real Estate Contract
-52L 1388 Consumer Debt
□ 1391 Other Contract
□ 1490 Foreign Judgment
□ 1491 Stalking Civil Protection Order
□ 1501 Misc Other
D 1502 Petition to contest Adam Walsh Act
□ 1503 Certificate of Qualification for Employment
Parties have previously attempted one
of the following prior to filing:
c Arbitration
□ Early Neutral Evaluation
c Mediation
13.None
is not related to any now pending or previously filed,
Weltman, Weinberg & Reis Co., L.P.A. Ted M. Traut
323 W. Lakeside Ave 2nd Fl Attorney of Record
Cleveland, Oh 44113
216-739-5080
FAX: 216-739-5115
0072514
SignatureElectronically Filed 07/31/2017 14:16 / / CV 17 883795 / Confirmation Nbr. 1133308 / CLTLC
WWR# 21161818 C A Bro JES
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CUYAHOGA COUNTY COURT OF COMMON PLEAS
Cuyahoga County, Ohio
THE HUNTINGTON NATIONAL BANK, NA CASE NO.
2361 MORSE ROAD, NC2W21
COLUMBUS, OH 43229
PLAINTIFF
VS. COMPLAINT
SANTINO DIBERARDINO
8090 STRATFORD DR APT 407
NORTH ROYALTON, OH 44133
DEFENDANT
1. The Defendant applied for and received a Line of Credit,
payable according to the terras and conditions contained in the
Line of Credit Agreement. Plaintiff is the holder of the Line
of Credit executed by the Defendant. A copy of the Line of
Credit is attached hereto as Exhibit A.
2. The Defendant failed to make payments according to the terms
of said Agreement and by virtue thereof is indebted to the
Plaintiff in the principal sum of $43986.42.
3 . Although Plaintiff has made demand upon the Defendant to
liquidate the balance due and owing, the Defendant failed and
refused to do so.
t
Electronically Filed 07/31/2017 14:16 / / CV 17 883795 / Confirmation Nbr. 1133308 / CLTLC
WHEREFORE, the Plaintiff prays for judgment against the
Defendant in the principal sum of $43986.42, and court costs.
;i_nberg & Reis Co., L.P.A.
Ted M. Traut, 0072514
Attorneys for Plaintiff
323 W Lakeside Avenue, Suite 200
Cleveland OH 44113-1099
216-739-5080
Fax 216-739-5115
WWR# 21161818
Electronically Filed 07/31/2017 14:16 / / CV 17 883795 / Confirmation Nbr. 1133308 / CLTLC
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ill'
i . . i
PERSONAE CREDIT LINE
Agreement and Disclosure
Statement - Secured30591271210110
.this...'jliTHis sawement status theterms of your Personal CredlL ttne account, As used in this agreement, “you” arid vVour .mean. each . p«rsorLwhp..sl!jns..ti
iri agreement asrv customer, If there is more than ono customer, each of you. Is responsible, both ir.dVdually end jointly.-rider tttis agreement. Thisjs known
-joint tin.1 cover,if responsibility. 'Wc", "us* and -trjr mnan The I Huntington National Bamc w,th Its .rain office in ColurUs. ONo. •Credit Care means any
;.y credit card we Issue to access (his account.
'•]( GOVERNING LAW
.-k;THE INTEREST RATE, FEES ANO CHARGES, AND OTHER TERMS OF THIS AGREEMENT AND YOUR ACCOUNT ARE GOVERNED FEDERAL
ir!j HOWEVER, TO THEEXTENT FgDERAL LAW..DOES NOT..APPLY.OR.REFERS..TO..OR.INCOREQRATES..5IATE.LAW,.THEUWOFTHE STATE OF
frlSHALL BE ARRUCABLE. Ifepplloable..law..niakespart..of..thl$.agreemB0t..yo.ld...t.h.Q..Qther terms,w]|l s.tl.!l..t>e...enforceabje.. . . . . . . . . . . . . . . . .
LAW..
OHIO
i'Dala Of Tide Agreement: May 3Q. 2009
iRepeymentPeriod:. Scheduled from the. end ol the Drew Period to.the payment due
:;(or the 24Q®1 monthly statement period after the end of the Draw Period (generally,
.'20 years), unless your account Is paid off earlier;
Reel Estate Securing This Agreement:
:Draw Period: From tha date of this agreement, or the end of any applicable .. . . . . 41 VISTA RIDGE CIR
'■rescission period that berries on die date of this agreement, whicnever a 'ator, to the ...mmORI FY OH 44733-9234 lend ottha.monthly statement period In which the 1(?h anniversary of the dele of this n nvr'l-‘:' ■ 'Jn ^
1 agreement occurs (generelly, 10 years). . . . . . . . . . . . . . . . . . . . . . . . . .
Other Property Securing This Agreement:
Credit Limit: S 55.000,00
Margin For Primary Line Feature:. . . . .
| Margin For Personal Selection Features: .
7 00_
5.76
.^.percentage points
, percentage points
The beginning ANNUAL _
(of IFa r>rmawtltic Friiiturnis 5.25% t 0-430ft
i Beginning Rate For primary Lino Feature:
percent ; . . . . . . . . . . ‘ ......
monthly periodic rate), This beginning annual percentage rate
5 0 does [X] does not Include the effect of the Preferred Rate Discount for
’ making payments by.automatlo funds transfer (see Sector) 2.9),
;( r] If this box Is Checked, the beginning ANNUAL PERCENTAGE RATE and
. . • monthly, porlcdio rate (or tre primary ..Line. Feature are pot based on the
Index end margin used to make later rato cha-gos. if they had been, they
would have been an ANNUAL PERCENTAGE RATE of-. . . . . . %. . . % monthly periodic rate). THs annual jercentage rate
| | does [~|. does not Include the effect of the. Preferred Rate
Discount tor. making payments by automatic funds transfer (see Section
2.9). . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . .
if Rate Change Begin Month:
..The Rate Change Begin Month Is „ June
(month)""
2009
(year)
' Rate 7-dr Persona! Selection Features At Account Oveni-iy.. II you request a
(.Personal Selection Feature at the time you open your account, the ANNUAL
t PERCENTAGE RATE for that Personal- Selection Feature. Is _.ti.HU%
It" 1)1733% monthly periodic rate), This annuel percentage rate
if ri does 0 does hot Include the effect of the Preferred Rate Discount for
•imaklng payments by automatic funds transfer (see Section 2,9).
^Account Fees: You agree lo pay tha following fees that are applicable to your. . . -
(account as Indicated where we nave checked the applicable box. These.fees, will,
‘be debited to your account when due:
LQ.
|:E.
|'
>• m
5 fx)
I®
AmmlFae.. GO. 00
Overiine Fee: For ar.y monthly statement perioo for which the iota
dutstahdlrig balance of your account exceeds vour credit limit by more
than 1.25% of the credit limit, determined as of the closing date of that
monthly statement period: £25.00 _ _ _ _ _ _ _ _ _ _ _ _ _
Late Fee: For each minimum payment the! wo do not receive wllhln. 10
days after the cUo dotcfor that payment: 47R nrt . . . . . . . . . . . . . .
Olher Charoe-i: You agree to pay the.lollowlnB other chargas.lha! are.
appllcalba to your account as (ndlcated. These fees will be debited to
your account when due: '
FINANCE CHARGE Related to Account Opening:
Mortgage Broker Fee FINANCE CHARGE $_
. . . . To:. . . . . . . . . . . . . . . . . . . . . ,. . .
Origination Fee FINANCE CHARGE S_
To:—- - - - - - - - - - - - - - - - - - - - —,;- -
Settlement/Closing Costs FINANCE CHARGE $
. . . To:.. . . . . . . . . . . . . . . . . . . . . . . . . .
Express Mall/ Courier Fee. FINANCE CHARGE S
t?l_ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _
Real Estate Fees Imposed by Third Parties:
. . . . Abstract /Title Search. . . . . . . . . . S "
. . . . To:. . . . . . . . . . . . . . . . . . . . . .
Flood Certification
To:_ _ _ _ _ _ _ _ _
Appraisal Report
To: . .
Title Insurance
To:
Fees and Tams Paid to Public Offfc/a/s;
. . . . . Mortgage/Deed of Trust Recording. . $ _
Mortgage/Deed of Trust Release $ „
. . . . . H!ln.9..F.e..e.. . . . . . . . .,. . . . . . . .
-■r. . . State Tax/Stamps. . . . . . . . . $.
. . . . . .ntongiblo Tax-. . . . . . . . . . . . . . $_
Retemetf /term/'teBC' Each llnro you pay ua wtth a check, money order, .
preaulhorlzed cteiKiP W other Item.that.ts .retumed.to.us unpaid alter wa
try to collect it: $25.00 iTn;s charge will not apply II the Item is
drawn on a deposit account with us which is subject to a charge tor
returned Items)
Step Payment Fee: -Each-time you place a stop payment order .On.any,
P|r||ijaj Credit. Line. S.hss.k.. you. have .written. on you- account
" . . . . . . . . . . . . . . . . . . . . . /. . . . . . . . . . . . . . . . . .
Personal Selection Feature Set-Up Fee: ,For each Personal Selection
Feature that'you request and we agree to set up:$75 . FINANCE
CHARGE
). [x] - Personal Selection Feature Conversion Fee: For convedlng any Personal
? Selection Feature balance to the Primary Lina Feature $100
. . aNMS£.fiBfflS!. . . . . . . . . . . . . . . . . .
. The toHow!ng provisions where we have criecked the box apply to your
account:. . . . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . .
|~X] Early Cancellation Fee: You agree to pay an early cancellation
. . . fee of 5250 ' ifyau cancel -your oetxrunt withln 3 years from the.
■. . data of this agreement,. . . . . . . . . . . . . . . . . . . . . . . . . .
| | Construction Financing: The previsions of Section 1.8 with
respect to use of your account for construction financing are
. . . applicable ta.ynur.account.. . . . . . . . . . . . . . . . . . . . . . .
Credit Ihsufarice, Debt Cart<iellatlori'Of DiSB1,S'uspenslon''Prqducts
Credit Insurance, debt'cancellation and debt suspension products are
NOT REQUIRED to obtain credit, and will not be provided unless you sign
and agree to pay the additional cost. Your choice whether or not to buy
credit insurance or debt cancellation or debt suspension protection has
"NO ef(ect"on our dadslon to approve your "acqquntr end wo do NOTconsider your credit. lnsurance..or...debt. cancellafbn,.or...debt,.suspension,
product choice In any way when we make our decision whether or not to
approve your account. Your choice ol an instance company or other
provider to furnish credit Insurance or debt cancellation or debt
JiihlOTICE: This Personal Credit Lino Agreement Is contained on six (6) numbered pages. All of the previsions on eil pages ere a prrrt oftWe hgreimoht.
f • ' • . ■
.if Acknowledgement
; By signing this agreement, each o' you Is telling us: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. - * That each ol you Ii03 received a copy of all of tha pages of this agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
,!sl* That each of you has read (he entire agreement. -
* That we have given each of you the change to ask any questions you may have about this agreement.
That each of you agreeato comply with all ol the terms and conditions of this agreement. •
■>‘7* That our employees or agents have not told you anything that disagrees with the terms of this written agreement. ,
id* Thai If you elected our optional debt cancellation product; you signed for Ilona separate form and receivodocopyof the Personal ..Credit. . . . . . . .
I'?. L|i» Agreement Rider for Debt Cancellation,, * “
'" nat you received a copy of our Customer Infinformation Privacy Notice.
Approved and accepted by
Tho Huntindtop NauahaLDPfik, QotumtWB, Ohio-Rev . . idfeT. . . . . . . . . . . ....
SANTINOl5l3g^RDINO
T
Costomw; '
ifoa/felectroojcaUy Filed 07/31/2017 14:16 / / CV 17 883795 / Confirmation Nbr. 11
•jflpei Secured (08/08) OH (X) Original () Customer Copy () File Copy
i ahuwx . .
11
EXHIBIT
ANOTE0101
-/Personal Credit Una Agreame'iirSnii Disclosure Staiemani -Secured (PCL Secured 05/08)
. . '. . . f
. . ""?!.Page 2 ot,,0
SETTING UP VOUR ACCOUNT AND GETTING FUNDS •
Multiple Features
(a). AcG.ountStructure. Your.Personal Credit Line account consIsUiot a.
primary credit line portion (the ‘Primary Una Feature") arid as many
optional subaccounts that you reguest and we agree la set upiaach.
bolng a "Personal Selection Featura"). The total outstanding balance
ot your account Includes alt balances in the Primary Line Feature
and all Personal Selection Features,
Typos Of Porsonal Selection Features, We offer two types Ot
Personal Selection Features: (I) a Fixed-Payment Personal
Selection... Feature and (II) an Interest-Only 'Personal Selection
Fixod-Paymont Personal Selection Features. For balances in a
Fixed-Payment Personal Selection Feature, we provide a fixed
monlhly. payment amount payable over a -ieim that you Clraose arid a.
fixed annual.Berc.etitage.rala. you may-choosbiany of the followingnumber ot months for the letm ot a F'xodrfaym.eot PotkowS! .
Selection Feature:. 12, 24, 36, 48; 80,72, 84, fi6;- fOS, 120, 180 or
240, Fixed-Payment Personal Selection Features can only be set up
(8)
(b>
(C)
make purchases. We are not able to honor any request to require
more than gag ,of j^. la...sl9^B«raon«|,-Cwtlll-Cliw-GW«OM--»-
olfiefwlse authorize an advance or purchase. w
Refusal To Accept. We will not be liable to you or anyone eteoiif.
,. . . anyone refuses to accept your Porsonal Credit Une Checks dr Crook
Card or any other access device or means of access,, II arty
automated teller machine runs out of cash or receipts, or does riot
„ work properly, we are not llablo, except for any billing error. /}',
(0 Limitations. Financial Institutions (Including us) or merchants that’
. honor., credit cards or ...thatoperate automated teller machines may
have limits on the number or dollar..amount.of.transaottons during
. . . any period of him These limits may apply whan you use your Credit
Card at these financial Institutions or merchants. Any advance
. . . rQqua*tRd...ln...cash ..at..sn automated-teller machine or ofherwlse;:Is1-
subject to availability of cash at the ..facility at whlch tho advance-ls
. . . requested. . . . . . . . . ’ -v:-(g). Foes Charged By Others. If you use your Credit Card to dbiatfi'
advances at an automated teller machine (“ATM") that Is not oofs’,
(d)
prior to 3 months before the end ot the Draw Ported
fnii- — ■ - ■ - ■ - - •merest-only Personal Selection Features, Fgr balances in ..an.
Inleresl-Only Personal SBlaciloh FeaigfoTwd provide a fixed annual
percentage rate over a. time peftoa - that you choose and "Bri
Interest-only payment amount. You may choosa'any of the Mowing
number of months as the time period for which (he ..fixed..annuel-
percentage rate; will appty:. T2, 38, 60 or 04? We .call this the
Fixed-Rate Period", However, the selected period for the fixed
annual percentage rate Is only available If It ends before the end of
the Draw Period, Once the Fixed-Rate ’-period ands, the
Interest-Only Personal Selection Feature, will sconllnue until (he
nnrlior of - - “ ~r >- . . .Selection T
aflef t
yfi-
(h)
/ou may be charged a fee by the ATM operator or any network used1.
In addition, you may be charged fees by other third parlies for use 61
your Credit Card or other access device or means of Bccoss; sUp
as,„.(!)...(«.purchases..at.stores or merchants,-and~(li) tor obtaining
advances at banks, financial Institutions or other businesses, that
honor your Credit Card. ; I;1
Payments On This Acaount.. You aro not permiltod to use
—_ _ _ _ _ _ .... ._ _ _ _ _ v,,„,w„, percentage rfor that Interest-Only Personal Selection Feature'iwill be a vatla.,„
. . . . rate, If there Is still a-balanceln that Interest-Onlftpsrsoflal SefeStlbri
Faaturq .at or near tha end .of thfl'Draw Period (eajwe determine); wa
will transfer that balance to the Pri!T»iy..LipalF.eatu'ra..at..that time.. . .
(e). Sot .Up Of " Personal Selection Features, ftil advances and
purchases tor your account will first be',hosted,to the Primary Una
Fnnlnrn. fn nrnnr fnr iio.in Bni.un a Poraonal-Selection'Fepiuru, you "- - - - - „— - - - J.,.whlc|lMyi)e..oti?ersonal Selection
Fealure you qre requesting, and sign ahy-documents we require In
connoetlon with setting It up; Once that Is done arid we approve
setting up the Personal Selection Fealure, wii will transfer the
determine. The minimum amount to set up a Personal Selection
Fealure Is $2,500,06, Only one amount may be transferred to any
one Personal Selection Feature. Additional amounts may not be
added to q PersonaTSetectlan Feature. We will charge a Personal
Selection FBalure set-up tee as shown on the, first page of this
agreement lor each Personal Selection Feature that we set up.
(0 Converting Porsonal Selection Feature Belancos To Primary....
. . . . . . Lino Feature, Subject to our approval, we wnr terminate a Personal
. Selectlon.Feature.and transfer the balance In Ihel Personal Selection
Fealure to the Primary Une.Fealurs.lf .any..of..youjrequests us to do
. . . . . . that and signs any documents wa require In connection with that,
We will charga a Personal Selection Feature conversion fee as
. . . . . . shown ...on .the . first- page--of- this agreement for each Personal
Selection Fealure that we termi-'eto at ym.r request. This conversion
. . . . . . tee does riot apply to any balance we transfer from an interest-only-.
. . . . . . Personal Selection Fealure to the Prlmefy Uria Feature pursuant lo
Section 1.1(d).
1.2 Draw Period. . (a). Tom Ot Draw Period. The “Draw Period" IS tfld period of tlrrle that
you will be able to use this account to obtain advances or make
purchases. The length of the Draw Period for your account Is shown •
on the first page ot this agreement. . . . . . . . .
. . (b) Beginning Of Draw Period. The Draw Period begins on the date otthis agreement shown on the first page of this agreement, However,
If (here Is a rescission period required by applicable law starting on
the date o( this agreement, the Draw Period begins, a; tho ond crthnl
. . . . . . rescission period,. . . . . . . . . .
. . (c). Draw Period Not Extended. The length of the Draw Period Is hot
extended or. otherwise, affected by.any ot the tollowlng: . . .
■ Any panod of time during which your credit limit is suspended or
reduced by you or by us.
. . . . . . * The establishment ol any Personal Satsctlon Feature;. . . . .
, • The existence of any construction financing,period,. . . . . . .
. . (d) End Of Draw Period. After the end of the Draw Period, you will r.c
. . . . . . longer be abte to use this aecbunt fo obtain advances or moke
purchases. At the end oftho Draw Period, you must destroy, (or give
us back If we esk.you. to) any ..access.devices-(such.as-checks or
. . . . . . credit cards) we gave you for this account. . . . . .
(e) Ropaymonl Poriad. the sehedulad l-jngtn ot the Repayment Period
is shown on the first page of this agreement, and begins atthe and ot
the Draw Period. You must pay off the total outstanding balance of
the account during the Repayment Period and any oxtanslon that we
grant at ihe Repayment Period (see Section 3.4).
1.3 Advances and Purchases
Personal Credit Line Chocks, your Credit Card or any other access
device or means of access to make payments due on this account, J
1.4 Personal Credit Line Checks . |v
(8) Prohibition You are not permiltod to write postdated Puisunul
(b) Cosh Advances. All Personal Credit Line Checks you write ere
cash advances, oven II you write one to a merchant or anyone also
to purchase goods or services,-. . . . . . . . . . ’. . . . . . '. . . . &'■
1.5 Credit Card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . A Credit Card tor this account is optional: We mw issue a Credit Card for
this account at your request. However, we are not required to Issue any
Credit Card tor this acco-nL even ,1 yon ask us to, ond wo will not issue o
. . . Crocit card tor this account If applicable law prohibits us from doing sa,..)lf ..
. . we do not issue any Credit Card for lies account, (ho references In th's
. . . agieemenLto 'Credit Card'' ato ol no effect, ri wn do issue a Creoil Cold
for this account, II is solely as an optional access device that we m&V
terminate at any time and for any reason without otherwise affecting .this
agreement or your ability to obtain advances by other means. .1-,)
1.6 Transferred Balances , ']}(
Ttensioned Balances It we open this account (or you In order to replace an
existing account, you authorize us to transfer tho balances and any iraillri'q
activity nn the existing account to this account.. . . . . . ;. . . . . . . . . /I,
1.7 Promise To Pay W
You promise to pay for all advances, purchases, finance charges, other
...charges and anyothor balances on your account when Uue ln"Bccordaric6
with the terms of this agreement.. You agree to this If tho funds trip
Obtained dr Itie charges are Incurred by you gr any. other person.that you... authorize, You agree to this even It the person you authorize exceeds yotl'r ■
authority, If you authorize another person to use your Credit Card hr
Personal Ctcd||..Uae...Chacl<8..or...nny other access dovlco or means of
. . . access arid you want to terminate that person's authority, you must recover
. . the Credit Card, Personal Credit Line CheSkS or other access device from
. . that peraon or otherwise terminate that parson's means of access;. . . ■ *
1.8 CredH Limit • t?
(a) Amount. We show the amount of your credit limit on the first page
. . . . . . oflhls agreement. We may also show It on your monthly statements'.
You Bgree not to let the total outstanding balanca of your account gd
over your credit limit.
, (b) Account Balance. The total outstanding balance of your account.' fs
. . . . the sum of:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
' • The amount or portion ol all advances and purchases you have ri'ot
repaid. - Iff
• Any unpaid finance charges on your account. ■*>
- Any unpaid other charges on your account;. . . . . . . . .
(o)
* Any otner amounts.duo-on your account,. . . . . . . . . . . . . . y>
Ovorllmlt. We da not have to purml: any advance or pay for any
purchase It l: 'Would cause the total outstanding balance of your
account to go over your credit limit. If we allow the advance pf
B.urshasa,anywBy, or..lt..«nanca charges or fcas-put you overilmll; you
will still have to repay Ihe overtimjl amognla atid any related financp
. . charges and other charges. See Section 3.1(a). ' M(d). Increases,- II you wanv to lhcrease your credlt llmlt. all of you must
sign tho documents, we require, Any Increase Is subject to- oflf
product availability, underwriting criteria, anc other enricitions wo
. . . . . . require.. . . . . . . . . . f-;
1,9 Construction Financing Period . ■ -m
t Applicable, T he provisions of Section 1.9(b), (c), (d) and (e)
Sid your account If we have checked the • Construction
clng" box on the first papa of this agreement. You may only -
use your account lor construction financing purposes II we agree to'
allow you to do so. Also, at the time you are opening this account -
you must have obtained a first mortgage oonstructionloan from o(lr
mortgage loan division, Huntington Mortgage Group, ForpurposBb:
of this Sectica,.1,9, ..construclion...financfng does not mean use of
your account for home Improvement purposes where there is no
construction loan agreement as described In Section 1.9(b). 'i.j
Construction Loan Agreement, You agree jo enler into a separate
(a) Our Agreement. We agree to Iptm you funds during Ihe Draw
Period To tho full amount of your credit limit, less any finance charges
or other charges that we lneluda-ln the total outstanding balance of
your account. We agree to do this either by making advances to you
or by paying for purchases that you make from merchants which
honor your Credit Card Issued for this account Our agreement to
. make (hese attvanees to you of-allow- you-fo make puictrases ls "
subject to all of Ihe terms of ins agreement. . . . . . . . . . . . . . .
Advances. Subject to all of the terms of this agreerrie.nt..you...can...
(b>.
construction loan. a9r.eemenLand..draw..schedui« with ue at ••••
this account Is openetf in order to use this account for construction
financing purposes. Yau agree to comply with all of the terms and
(c)
(d>
use your account to obtain advaneestn any of the following ways:
■ By writing Personal Credit Line Checks,
< By. using Your. Credit .Card..issuad..for...thls account to obloln-eash -
. advances from any of our offices or other financial Institutions that....
hor.or your Credit Care or from any automated toller machine that
accepts your Credit Card. '
• By directing U9 lo pay-off existing loan(s) and transfer the
balanced) to this account, , , ,
• By authorizing us to dablt Ihls account (or advances under the
. construction loan agreement (Secllon 1.9(b)),. . . . . . . . . . . . .
• By using your account to mafia transfers or payments through any
bill payment service If the transaction Is presented lo us as a cash
advance. . . . . . .
..• By any ottier.access devltre or other means of access which we
authorize or allow.
Wo may from lima to lima post debits to your account as advances,
Purchases, Subject to all of the lerms of this agreement; you oan
. use your. Credit Card Issued with this account to purchase gobds and
services from merchants who honor your Credit Card, Wo may from.
lime fd time post debits to your account as purchases. .
Multiple Account Owner*. Any ona of Vou may Individually usa
your Personal Credit Lina Checks, Credit Card, or ary other access
device or other means. we .authorize .or. allow to.oblafn advances or ■
_ _ .jtldhs of the construction loan agreement..
(c) Advances For Construction Purpose. You are,directing us to'
make advances under this account during tha constructlon financing.
period only tor the purpose of linanc.ng construction on ttie real
property securing ths account.. You authorize us to make such
advances by debiting this account In occordance with lha provisions
ot the construction loan agreement end draw schedule. You.
specifically direct us not to make advances tor other purposes during
the construction financing period. You specifically direct that we not
Issue to you any Personal.CrediLUne Checks. Credlt CardB or other
. . . . access devices In connection with this account during the
construction financing period. ’
(d) Toros Of Construction Flnan . . . .
the construction financing.period.fs ended. . . . . . . . . ......._
Completed arid all costs nave been paid, you ara not permitted to
cancel, suspend or reduce the credit limit or change the construction
financing period without our prior written consent, , li
(e) After Constructlgn. Financing. Period. Alter.the end of -tho-
. . construction finaneng penod. the provisions ot this Section 1.9 shall
no longer be applicable, and the llmlialldri dh uso of advances that
you have requested for the construction financing period shall no
longer be applicable. We may at that time issue lo you Personal
Credit Line Checks for use with this account. Wa win njso at.that.
-. . . . lime Issue to you a creuu card for use with this account If you have
requested a Credit Card and If wo have agreed to Issue It.. . . . . rB
Flnartolng-Parlod. We will nollfy ybu when
‘ ' Until, the construction Is
Electronically Filed 07/31/2017 14:16/ / Cy i7 883795/Confirmation Nbr.1;
iiir
NOTE0102
' M
Personal Credit Line Agreement And Disclosure Statement - Secured (PCL Secured 05/08) Page 3 of 6
2. FINANCE CHARGE AND ANNUAL PERCENTAGE RATE
<b>
2;1 Finance Chargo Not Ooterntlned By Periodic Rate. . . . . . . . . . . . . .
; ; (a) Finance Charge Related To Account Opening. You agree to pay
Tf . . . any linanco charge rotated to account opening that Is. shown .on.lhe
Ov tlrst page of this agreement.
Other Finance Charge Foes, You agree to pay when applicable the
,... following additional finance charges: (I) (ho Personal Selection
. ft. ’. . . Feature-setup foo shown on the first page Qf..thls agraemantrand .(II).
ill. . . . the .Personal Selection Feature conversion fee shown on the Urst
.'cl*' page of this agreement. , •. .
1 jo;. (c). Not In. Annual Percentage Rate, . Any finance etiarge not
■ $• determined by the periodic rate will not be reflected in the annual
(jji . oercontagn rate or rates applicable under this agreement.. . . . . . .
2.2 Finance Chargb Determined By Periodic Rate '. . . . . . . . . . . .
. --f. (a). When Rale Bagln& We-chargo a finance charga on each advance
•(> and purchase by applying a monthly periodic rate. For advances,
■ a this finance charge begins on the data we make the advance,
•ty However, for any personal Credit Line Check It begins on the dale
. . . we pay the chock. For purchases; the finance charge begins on the
£ date tne transaction Is posted to your account. There Is no grace
,' Tf ' (b). Hato'ilfo Che'go. For each monthly statement period, wu figure (Ills
' dt: . . . . finance charge separately for each of the following categories!. . . .
- k • Advances in the Primary line Feature. .*
■k- • Purchases in the Primary Line Feature.
•'S' • Balances (whether purchases or advances) In each Personal
. p. . . . . . SeleclIonFeaturev. . . >■. . . . . . . . . . . . . . . . . . . . . . . . . .
Primary Line Feature. Any Increase In the annual percentage rale
for the Primary Une Feature for monthly statement periods during
t"e Repayment Period w'il Incmase the amount of finance charge.
due, but will not Increase the amaunt of the minimum monthly
payment duo for the Primary Une Feature for monthly statement
periods during the Repayment Period unless we recompute that.mlrilmum'rriwlhly paymeriYas Indicated In Section 3.2(c) belowl Any
Increase In the annual percentage rate for the Primary Une.Feature
for monthly statement periods during the Repayment Period may
Increase the amount fiuB by the Maturity Date.. . . . . . . . . . . . . .
monthly periodic rate for each category Is 1/12tn ol the ANNUAL PERCENTAGE RATE In effecl for .the monthly statement period tor
tho! eaiogory. We round Bach monthly periodic sata.in...Ut« niURBer .
■. . . . and to the rumfcer o' decimal p aces that vve determine,
2 3 Average Dally Balanco
-P (a) Ending Dally Balance. To calculate the average dally balance, we
■■■It',:. . . tetdeleralnk a?°n day. We do his
;5 separately for each cateflbry Identified In Section 2;2(b). To do this;
•Tf » we start with the ending dally balance of each category from the
Vi previous day (on the first day of this account for the primary Line
■> Feature, ano .on the first day of any. Personal Selection Feature,
that amount Is $0). . . . . . . . ;. 7
'Is -We then add to each balanco, as applicable, the new days
: t f' advances and purchases. ' , ,. , , ,
k • We then subtract from each balance, as applicable, the new day’s
h payments and credits which are applied to such balance. )
Averaging Method We then, ucc together tne ending dol'y colonooc.
for each day in the monthly statement period. We do this separately ..
for each category Identified In Section 2.2(b). We then divide the
2.7 Annual Percentage Rato For Personal Selection Foatures
(a) Rate. The annual percentage rate for any Personal Sii'.ect'on
' Feature which you request at the lime you open your account Is
. . shown on the first page of thlc ogrooment as the rRa(e,.Por .Personal.
. . . . . . Selection-Features. At Account. Dpenlng1', ,The,.annital percentage
.. rate for any. Personal Selection Feature which you request after you.
open your account fs detoimiriod by tne Index and margin described.
In this Section 2,7. Different Personal Selection Features may have
different ratOB. ...
. . (b) ...What Index Wo Use. The Index we use to determine the annual
percentage late for any'Pefsorlat Selection Feature whicH you
request alter you open your account Is based on the term of that
■ Poreonal Selection Feature, For this purpose, th8.tenuls.us. follows: .,
. . . i. . (l)...Fot.a Fixed-Payment Personal Selection Feature it is tho term we,
use to establish tho monthly payment amount (cr that Personal.
Selection Foafore pursuant to section 1.1(c). _ .,
' (it) For an Interest-Only Personal Selection Feature it Is tho
. . . . . . . . FIxemRnta Period for tnat Personal Selection Feature as we
determine pursuant to Section 1.1(d), . . . . . . . . . . . .
. . . . . . The Index Ir the rate shown In the month column for Interest rate
swaps published by the Board ol Governors of the Federal Reserve
System In Its statistical release H.15(519) entitled "Selected Interest
Hales". The rate applicable to a particular Persona Selection
Up to 3$ months 3-year Interest rale sweps
Greater Ihaniib months. . . . .
unto BO months5-year interest rate swaps. . . .
Greater man oO months
unto 120 months7-year interest rate swaps
Greater than 120 months. . . 10-year interest rats swaps. . .
ett. . .
t."
iotaRbr eoclT category by the number df'davs In that monthly
stbtemam period. This gives us ttie average dally balanco for each
■ category,
<d>
. . . . . ..2:4 Annual Percentage Raid
do not Inoludo oosta othor than Interest. These rates wilt be shown for the
.. Primary Lire rnature and each Personal Selection Feature on the monthly
statements for your account as a "Corresponding "Annual Percentage
Rata". The monthly statements will also disclose on actual annual
,_ _ _ .age rate for your account for each statement period. This will be
disclosed on the monthly statements as tho "Annual Percentage Rate and
(I) Is based on the total finance charge Imposed tor the statement period
•t?.' (Other than any finance charge related to account opening), and (it) may be
r: different from any "Corresponding Annual Percentage Rale shown on the .
monthly statements end. from the annual percentage fate or rates shown in
.'.C this agreement,. . . . . . . . . . . . . . . . .
£5 Maximum Annual Percentage Rate
;. increase to. a rate higher than permitted by applicable law.,Thls maximum...
rale in this Section 2(5 refers to the annual percentage rates shown In this
agreement and to any "Corresponding Annual Percentage Rate shown on
SiV the monthly statemerits. It does not apply to the actual annual percentage
. . * rata for any statement period shown as (he "Annual Percentage Rate" on.
(g>
-rj'v. the.monthlystatemenls..
23 Annual percentage Rate For Primary Lino Feature
';. (a) Beginning Annuel Percentage Rat# For Primary Uno Feature.
...i- The annual percentage rate tor the Primary Lino Feature Is a
' t.:. variable rate. The beginning annual percentage rate for the Primary
.vf. . . . Line Feature Is: shown on the'first page of this agreement, This ratc'
will apply until rate changes begin. , , ,
Indox Antl Margin. We dolormlnp changes to the rota for the<b) Index.. And.
Primary Un.. determine the value of titatintiexat certain limes and addo certain
-'u • number of percentage points to It. The number ol percentage points
. . wn arid to the index a cqjled >he "marc n" ■ ■
!h M
(d)
(e)
What Index We Use. The ndox tfiatwe use for the Prmary uno
Feature is the "Bank Prime Loan” rate published by the Board of
Governors of the Federal Reserve System in Its statistical .release.
R.16(51 o) entitled "Selected Interest Rates". If more than one rate is
shown for the "Bank Prime Loan” rate, we use the average of the
rates tnat ore snown.. . . . . . . . . . . . . . —;. . -. . . . . . . . . : What Margin Wo Use. The margin for the Primary! ne.Fealure.ls..
shown o:i Iho f rsl page of ti a agreement as. the Margin For Primary
Line Faelure".
Whor
% 10
(0)
.Vhon We Change The Rato. Each data that via change the rate for
the Primary Uno Feature le culled a "Changn Date . The first
Change Date Is the first day of the monthly statement period that
begins In the month shown as tho "Rate Change Begin Month" on
the first page of this agreement. The first day ol each monthly
etalomom period following that otio will also be a chance. Date. . . .
How We Determine Rato Changes. We determine the rate
effective on each Change Dale for the Primary Line Feature by first -
determining the value of the Index an the 2$th day of the month
<h)
25Ui for which ar. Index value is shown. Wo then add the margin for
the primary Line Feature for your account, This gives us the rata
applicable (o the Primary Une Feature until the next Change Date.
Rate Applicable For Draw Period And Repayment Period. The
annual'percentage rote for the Primary line Feature to determined
as described above lor each monthly...atatement period. In the. .Dtaw
Period and In the Repayment Period. . ,
Effect Of Rate Increases. Any increase in the annual percentage
rale fur the Primary Uno Feature (or monthly statements during the
Draw Period will Increase the amount of finance charge due and will
thus increasa the minimum monthly payment amount due for tho
available "Selected Interest Rates^as of the time we act on your
request to establish a Personal Selection Feature, „ ,
(e). What Margin W# lisa.. The, margin,tar .any. Personal Selection
Feature which you request after you open your account Is shown on
. . . the first Page orthls agreement as " the 'Margin-For Personal.
Selection Features", ,
How Wo Dotormln# Th# Rate. To ceterminu the annual percentage
rate for a Personal Selection Feature you request atter you open
your account; We'first determine the index value as Intllcafod in.
Sec,ton 2.7(b).. We then add to that index value,the ..margin_aa.
determined in Section 2.7(c). The resulting sum Is the annual
percentage rate for that Personal Selection Feature.
Fixed-Payment Personal Selection Foaturea. Once tho onnuol
percentage rate to determined. for a particular Fixed-Payment
Personal Selection Feature, It will not change (except as provided In
Section 2.9), The rate will be applicable for as long as there Is any
balance in that Fixed-Payment Personal Selection Feature.
Fixed-Rate Period For Intoresl-Only Personal Selection
Feeturee, Once the annual percentage rate is determined for a
particular Interest-Only Personal Selection Feature, It will not change
(except as provided (n Section 2.9) during the Fixed-Rate Period
applicable to that Interest-Only Personal Selection. Feature. (see.
Section 1.1(d)). The Fixed-Rate Period bogns cn me day the
Interest-Only Personal Selection Feature Is set up and commies
mrougn (ho end of the monthly statement period m which the number
' of months In the Fixed-Rate Period ends. For example, Iho duration
of e 12-mnmh Fixer-Rate Period v/i bp tne. mmahing number of
days In the monthly statement period In which tnd lrtlefeSI-Oh|y
Persbfial Selection Feature was set up plus the 12 following monthly.
statement periods. ' „ , ,
Afur Flxed-Rato Period For Interest-Only Personal Selection
Foatures, Beginnlnq with the first monthly statement period oiler the
end of the '• Fixed-Rate Period. for any. InteresFOnly Personal
Selecfion Feature that still has a balance at that time, the annual.
percentage rate for. that Interest-Only Personal Selection Feature for
each monthly statement period will be the same annual percentage
rate that Is applicable to the Pnmary Une Feature lor that same
statement period. , _ ' ,
. Effect Of Rato Increases After Fixed-Rate Period. Any Increase
In the annual percentage rate for an Interest-Only Personal belectlpn
Feature for monthly statement periods after the end of the
. . . . . Fixed-Rate Period will inorooco the amount of finance charge due
. . . . . . and will thus increase the mlnlmum monthly payment amount due for
that Interest-Only Personal Selection Feature.
2.8 Other Terms Applicable To Any Index. . . . . . . . . . . . . . . . . . . . . .
. . (a) ndex Change For Primary Uno Feature. We have the right to
' change the Index and margin for the Primaiy Une Feature ,(the
index Is no longer ava lab's. trwe do that, the following rules apply:. .
• The new Index must have an historical movement (If any)
. . . . I'. . subsamiatlrslmtlar lo'that'of'tlwliidexlt replaces.-. . . . . . . . . -.
. . . . . . The nuw index and applicable margin must, result In an .annual.
. perctmtaaerate substantially similar to the rate In effect at the time
tho iup,acrid index became unavailable.. . . . . . . . . . . . . . . . .
• The new Index cannot bo undor our control and must bo available
to tho general oublto. '
(b) Index Change For Personal Selection Features. Wo have the
right to change the Index and margin we use to establish the fixed
annual percentage rote when we set up any Personal Selection
. . . . . . Footuro It the Index w# use Is no longer available at that tinda. II we,
. . do that, the following rules apply: , , „
• The new Index must have ah historical movement (If any)
substantially similar lo that of tho Index it replaces.
. The new Index and applicable margin must rasull In an annual
. . . . . . . . percentofl&.rala,9ubstfin|ially,,ajmilar,t9, the rate that would have
applied :t the replaced Index had been available.. . . . . . . . . . . .
. . . . . . . The new Index cannot be under our control and must be available
to the general public
(c) Substitute Index. If any substitute Index Is no longer available, we
have Iho right to change the Index and margin again by following the
. . . . . . above roles.. . . . . . . . . . . . . . .
-(h)"
(d) .Errors And Corrections. Wo have Ihe rglit to correct any oncra.tn
the published Index value
(o) Only A Standard. An Index Is only a standard for measuring rates.
It la not necessarily a rate commonly charged to any dass of
botrowers, Use of the word "prims" does not Indicate that such rate
Is the bast or lowest rate offered by any lender. -
(31/2017 14:16 / / CV 17 883795 / Confirmation Nbr. 1133308 / CLTLCNOTE0103
Personal Credit Lina Agreement And Disclosure Statement - Secured (PCI Secured 05/08)
2,8. (Preferred Rale Discount For Making Payments By Automatic
rutiua Transfer
Page 4 of.sji
. (c). . Effect. Of Paying. Only '.The. Minimum. Amount. Foil)
' l»eAMDl.n>lhl DjtoAnnl D>l«»aU» li ...... .... __l.,.li vif.-s-" ... .. Intofeat-Only Personal Selection Poaturoa... II you pay only.
W Rate Discount. You may arrange with us tp have your...monthly. . . . . . . . . .tho mlnimum monthly paymont omount lor each month Toranf-
. . payments for this accourtf made oy automatic funds transfer from b Interest-Only Personal Selection Feature, you will not reduce',
checking or savings accounl with us. If you do,'!the annual " the outstanding balance In that Interest-Only Personal Salectloh)
percentage rate under this agreement othaiwlse applicable to the ■ Feature. . •' ■ ■ ■*(..
Primary Ltne^ Foaluro and ary Pommel Selection Feature w,:- bo. . . 14 YoujMatqrlty OatoOb|l " . . . . . . . . .
•educed by 0.25 percentage points (ina "Preferred Rate Discount") . , (aj Maturi
for as long as you maintain automatic payments, ■■■'«. . . . . -*-•—
the. monthly atofomenl period In which you are —■
moke payments by automatic funds transfer,
. Discount will no longer bo applicable. • .
(b) Effect Of Rata Increaea; Any Ihcfease In the annual percentage
... rate resulting from the removal of the Preferred Rato Discount wtll
Increase the amount of finance charge due. As a result, (I) the
amount of the minimum mofithty payment dua for tha Primary Una
feature for monthly statement periods during the Draw Period will
Increase and (II) the amount of the minimum monthly payment due
tor anyjntereshQnly.Rersonal Selection Feature after the end of Its
Flxod-Rate Period will Increase. ,
PAYMENTS . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
srred Rate Discount") . , (a) Maturity ..Date. . Tha payment duo date to- the-2*
Brits:. Beginning with . statement period In (he Repayment Period Is.called..
e no longer set up to. . . . . . . . Date . If you pay only the minimum monthly payment
■, tho Preferred Rate ’ ' you may not fully repay advances and purchases on 1
. . . . . . . by the,Maturity. Data . . . . . . . . . '. . . . . . . . 1
. . . . . . . . . . . (b) Maturity Onto . . . . . . . . .
3.5
3.1 Minimum Monthly Payment ,
(a) Amount. You must moke a minimum payment for each monthly
statement period during the Draw Period and the Repayment
. . Period until the-Maturity Data.. The payment "due datss^ror'W. minimum .monthly.payments will be shown on the-monthly' billing. .
statements. The minimum 'monthly payment amount due Is the
amount shown on the monthly billing statements, We compute this
amount as the sum of: ,-i
. . .•. Tna...mln[mum monthly.paymsnt amount due tor the Primary. .
Una Feature for that monthly, slatement.perlod.es determined in. .
. . . . . Section 3.2. . . . . .
* The minimum monthly payment amount duo tor each Personal
Selection Feature for that monthly statement period ss
' determined In Section 3.3. . . . . . . . . . . . . . . . . . . . .
. . . . . The. amount cl any credit insurance...
i8..payment..due date tor the '240th monthly;
fhtt wAr\awrVitm( Dorl/vH la a<iIIa/4 "Maturityeach montiiii
your accoupu
. -.to, Payment,, On tho Maturity Dale, if thetotal;
outstanding balance of this bdcount Is more than, the minimum!
monthly payment due; we will extend the RepaynTem Period arid.'
you may continue to pay thB minimum monthly payment amount on)'
your accounl each month until the total outstanding hnlanco Is paid, In toll. ' i, . . . . . . . . . . full;...
,lvp Amorlzatlon ‘ , If
Jnder some gteumstancss, your minimum monthly payments will;
fiBt cover the finance charges that accrue and negative amortization.
. will occur. Negative amort,zatian wi.l Incrooso tho amount that you,
owe us and reduce.your equity In your home. ' ■ fir
SECURITY FOR THIS ACCOUNT..,. . . ’. . . '. . . . . . . . . . _js,.L.
- ,, .—. . . . . . premiums,. debt.. . cancellation Tees; or debt suspension lees due, If you have
elected any credit insurance, debt cancellation or debt
. . suspension, products.. . . . . . . . . . . . . . . . . . . . . . . . . .
We may also Include any of Ihe following In the minimum monthly
.payment amount tn addition to the above Rems;
« Any other fees or charges duo,
* Tha amount of the total, outstanding balance of your account
which l.$ over your. cro.dlt.llmlt.as of. the statement date.
Ahv amounts we consider oast due on
■t.tRoal Estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ■' Aty"
At tho lime you sign this agreemenl.you are also signing an open-end,'
mortgage,'dead, of trust, deed to secure debt, or similar security'
Instrument ("Security Instrument") as security for this agreement, Thi&i
. . . Security Instrument covers the raal estate located at the address Sfidwrf;
_on..the..(lBt,paoe .onhlaaflreement This Security Instrument secures all-,
of your obligations underthls agreement. . pjj
4,2 Other Soourity . ’ - , ’ ' A")
Ygu.,.gly.e. us . a...security...lntoresUn the property identified os *0thehv
Property Securing This Agreement" on the first page of this agroomsnl.'v
This property secures all of your obligations uncferthis agreement.. Yoll,
to sign and give us the documents y“ “""l“
' ‘ ily. . . . . . "..perfect .thaT.sacurily Interest. If you ivo. . . .
securing this account Is located In Indiana, you
valuation and appraisement laws,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ vouraccount.
P ease note tnat It the total outstanding balance on your account
(which Includes finance charges and ic
i:
34.3 Our Waiver'
We agree (hat exceplfor.the,securitymentioned In this agreement, any!
. . other Wrtgage, deod of trust, deed to secure debt or security Interest)
. . which secures any other present or future loan Train us does riot secure);
this account , , 1
r 4.4 PropsrbMrisursnco. . . . . ■. . . . . . . . . . r' ' ,,
. . Vou must buy and keep In force ihe property Insurance tha: wo require'
J. . on (tie roe;. property. soouring-tols. account.. This includes flood
Insurance if Ihe.pioperty Is In arlood hazard area. The amount of thisf
. . Insurance must be enough to pay the full amount secured by previously1'
u may pay more then your minimum monthly • existing encumbrances, mortgages, deeds of trust, or liens on tho>
In full el any time. Partial nrep.sym.enta..wi.ll..nat. . . . . properfy. and the,full amounl of-your-crodlt limit underthis agreement!
to to make minimum monthly payments when However, you are not required to have Insurance In an amount greater',
then your insurable Interest In Ihe real property securing this account,1
You agree that your Insurer will carry us as an additional Tnsured or loss),
payee, as wenequlro, You may obtain insurance from any Insurer an
^our choice that is qualified, and properly licensed to offer such>
, .. - - - - ...T.r. .... .... ... Section 1.8(b))
exceeds-your. credit Mt, the minimum payment due on ttiomonthly
billing statement may. Ire slgrtficanfiy h'gner trrar. would otnarw.so
be the case since wa may be requiring you tp pay .the.overllmlt.
arnctmt as part ut the montrlv payment.. . . . .
(b) Prepayments. You may
payment or pay us In ■
. . aftect your obligation
duo. ,
(c) Application Of Paym&nU. Wo will apply all payments wo receive
tp advances, purchases, finance charges, and other fees and>w au*siin,««, puiviiaaeg, iinaiiud <j»18TQ©!_,_ _ _ _ _ _ _ _ _ _ _ _ _
charges, whether In me Primary Una Feature or In any Personal
Selection Feature, In the orderwe determine. . . . . . .
3.2 Minimum Monthly Payment Amount For Primary Una Feature... ■. . .
. . . (a) Monthly statement Periods During Draw Period, The minimum
. . . . . monthly payment amount tor (he PrlmSfy Line Feature for each
. . monthly.statement-period during the Draw Period Is the amount of
. periodic rale finance charges due for the Primary Una Feature that ,
. monthly statement penod (also known as, 'interost cmy').. . . (b) Effect *Cf Paying Only rue Minimum Amount bur;
Period. If you '• “ ' '
During Draw. „ ... .... llnlmum Amount _ _ _ „_ _ ,
_ _ _ .. you pey only the minimum monthly paymsnrsmo'unif
each month for tho Primary Line Foaluro during (he Draw Period,
you will not reduce tha outstanding balance o( advances end
, burchases In the Primary Una Feature. ■ ■ ,
(c) Monthly Statement Periods During Repayment Period.. The
. . mlnlmum monihly payment amount for tha Primary Line Feature for
each monthly 6taiomenl period during the Repayment Period Is tha
greater of (I) $100 or (ii) Ihe amounT we compute Is necassery to
repay the balance of advances and purchases that Is outstanding in
insurance covering the reel property, securing this account and Is,
financially acceptable to us. Your choice of an Insurance company to.
. . provide the-lnauranco coverage required under thls agreomonl wlirnotrt
affect c>,Mr ctep.is!on rsgatcflrig tha extension of credit to you, If you obtalnt
. . insurance through us or an affiliate of ours, we or our effiliata.may eamh...
. . a commission or other benefit,. . . . . . ■ (if!
’ . . Fff,^~!l8G^nlf^(^%1o'lrRpKlfifie security.for this »ccount.ln.any..of.lhdJ ■...
. , tollogirt|vyaysr
. sea1.91. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
. . . . with your obligations under the cortstructlon loan agreement wtieros
. . such fallure adversely affects the property securing this Bccountdf”'
any of our rights In the property. - . :
• By. further mortgaging,' pledging or otherwise encumbering the),
_ _ properly securing tills account or allowing any other subsequent lienj
theT^rlniaiv'Llne Feafure”al of nefirlheond'ol the Draw Periodlas K^n^oilrensferrino’lh^DrooBrtv securino this accounl or anv;
w9.de!drMne|..ta.BubstanUa]|y.e9uaLpayntonts:by:!ho_end of the. . . . . . . . |y^g^j^Mfi®|.«».p(opM»y.4»eMnna«i»-»qoounl oraiyjjj,
... ......u .... . -By (jefaultlng on any other obligation to us or to others that iV1
secured by tho property securing this eotxiunl."^. . . . . . . . . . Ty-j
app.icsbto). tfio outstsndng balance 'a ti-c Pr mary Line Feature. . . 4 g Use of Reel Pronortv :. . . . . . . '. . . . . . . . . . . . . . . . I'.JS
will Include Ihe balance of any Interest-Only Personal Selection If VOU use ihe raal nronertv securino this account na vour neraneari,featuro we1transfer to the Primary Line Feature atornear ttie endql. . . . . ro&idcncci.youugrosthat yQuwlllcoutlnunrodo'SO'Uri^ltrofrr ottrie,:
the DrawPBrtod. We win recompute mis payrrieht amount every 12 oltowlna ocrajr' '
■ months. If-the annual,..pareentage rate -changes-durinfl" that j™. . . . . . T»eTa no iorip any dutstahdirtg balfnoe » your a«coutt|;.andE.
■ [other than because cf -.i-e cpp.lcabl ly or ipss. of the Preferred Rata. . . . - Your account iiis bedn permatveriSy iertrilhatod or cancelled or tha*
Discount), The new payment amount will be based on the balance ' Draw Period haB come to an end. , v.
of advances and purchases (hat Is oulslandlng In the Primary Line . . . . . . . . . . . . ;.. . . . . . . . 4.
...Feature et the time-wp-roopmpule the peyment and tiro annual 4 7 FailureTb Pbii Taxes, Insurance Premiums, Other AmdUMs.percentage rata in effect tor :ho Primary Line Posture ol the time we. ,. . U you tail to pay any real estate taxes dr pronarty Insurance premiums*!
ASM.^..Irtto .aqdQ.unt Jhe .Preferred. . . . . on toe real propertysscuring this aorounl,you agree that we'msy flf Wei
. Rate Discount It It is applicable).
(d) Effect Of. Peking ..Only Tho.
Repayment Pnrlc
. , .... Minimum Amount During
. ,. , . . .. If you pay only the minimum monthly payment
amount each month for the Primary Line Feature during the
Repayment Period, itou may not fully repay the outstanding balance
of advances and purchases In the Primary Line Feature by the
. scttoriulert end of toe Repeyment-Period fooo Section 3.4(b)),. . . .
3,3 Minimum
Features.
Monthly. Payment Amount. Pdf' Personal Selection
5.
choose) do so ourselves. We may also advance other amounts (If wei
choose) to protect our security.th the real property securing thls-i,
ageounf. If we pay or advance these amounts, you must reimburse us,,
with interest at the applicable annuel percentage rate for the Primary it
Line Feature under this agreement. If you do noTreimburse us within ,10,y
days after we send you written,noUqs..of. toe..amoum.. advanced ptu»«. Interest, you aumoftzd us to add such amounts to tho balance In the*
accounl as an advance, . . . . . . . . . . . . . . . . . . . . . . . . . (fr.
DEFAULT, TERMINATION, SUSPENSION AND CANCELLATION
(a) Minimum. J/lonthly. Payment. For. Flxed-Faymont. Personal. . ; Our Righto . , . . . w.
SeTactFon Features. The minimum monthly payment amount for ... Qurilgnls to termlnate and/or accelerate your accountor to suspend or.r
... - - - - * vc-w.,ni"., 4.1..... —reduce your credit limit are asset forth in mis agreement, We have any;,
other rights applicable law gives ua. ‘ jjJ;
...
lymenie^oVeFlhe ̂appHoabl©^"term Of If nf (hfl AWAn(« ItnlnH Irr ftnnflfirt R 4 nr R fi nrri iris unu will ho lr»B
that Fixed-Payment'Peraonai Selection Feature fit the fixed aririual. . . v. de
peroentogo rate applicable lo that Flxod*Payment Personal a9SfJc$®inffse&febte?1 ,aWn0 ln'!0 "**"* U Pref<"reti Ra,a ‘ fewer? the r.gn) to euro or coned: the default, we will complywiih;,
(b) Minimum Monftily Payment For tntorest-Onty. PersonalSoloctlon Features, The7 minimum monlhly payment amount for. . . ■ requirement is preempted by applicable federal law. U,
each Interest-Only Personal Selection Feature for each monthly ., - . . . . . . . . . . . . . . . . . . . . . . . . . . 1 '<•>'
statement period Is the amount ol periodic rate finance charge due.
tor that Interest-Only Personaf Selection Feature tor that monthly
statement period.,
OHd" Fixed-Payment PfWcr.ai Sc'ocllon Feature for each monthly
statement period, whelher during the Draw Period or the
Repayment Period, Is the amount we compute Is necessary to
ropey tho Initial balance of that F xod-Peymenl Persona' Solectkv. ."'PeatuM lrTSUBstartlilly equal r———- “•- - - - - - - - - - '
5.2 Notice And Right To Cure Default. . . . ,. . . . . . . . . . . .
If any of the events listed In ...Section 8,4. or. 5,6 occurs, you will be Ins
1 *. . . . . . . . . r lufftl.H nnH tha rrtnl. KAmrliVi rhls'"' default.' If you are iri default and the roaK property securing this''
agreement Is located in, or you live In, West Virginia or another state ?'
wnar* the law requires lenders to give a notice of default and gives/
I
,3 Our Rights Tp Terminate And Accelerate Your Account . . ,. fa) Tornimatlon. Subjeci to SootTon b.2, we have tha right to terminate^
' your account and end the Draw Period early If any of tho events,;
31/2017 14:16 / / CV ' 17 883795 /CLTLC j?
if,, li|r
NOTE0104
-‘ffPersonatCredltUne Agreement And Disclosure Statement-Secured (PCL Secured QS/ofl) Pago 6 of 6
|r
ig-
"Termination Event* of Default", Termination of your account and
. "BrfolnBThB'Drew 'Perlod eeriy means that you will be permanently.
. . . unable to use this account to obtain adyances or make pu-chasos.
. . "emvnat an is elective 'mir.odtetei/. Ui’ess wu also exercise our
right to accelerate the balance due, the Repayment Period will
. . . begin' for the" monthly statement period foUowirig the monthly
statement period In which wo terminate your account.
(b) Acceleration, Subject to Section 5.2, we also have the right to
require you to pay the total outstanding balance In a single payment
It a Termination Event of Default occur*, whether during the Draw
. . Perlod or lho Repayment Perfod—Thle lo our 'ooookrreticin" right. If
we terminate your.account and do not accelerate the balsnce at tho...
time of termination, we have the right to accelerate the balanco later
' II the Termination Even: of De'aul: edit exfete at that time.. . . . . . .
(el Other Action. If any Termination Event ot Default occurs, we may
taka action short of termination or acceleration (such as suspending
or reducing your credit limit), or take no action at all or lor a period
of time. This will not affect our right to terminate or accelerate at e
. later time a$ long es the Termination Event of Default still exists at
that time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Other Rights. If we terminate and accelerate your account, we
may exercise other rights, These Include bringing suit for collection
of amounts owed or Toreclosing against the property securing this
. . . account. We have any other remedies not prohibited by applicable
law, All of our remedies are cumulative and not exclusive. Wo may
you may do so by notifying us In writing. Suspension means that
you will not be flblo to uso thls account to obtain ndvancoo ormako
reasoname rime to act on it. 11 you want us to r that you requested or reinstate a credit limit II
reduced, you must ask us In writing In a
procedures and other provisions of Secuon 5.5
5,8
. . exercise them ct tho same time or ot different t rnes.
Termination Events Of Default
Each of Ihe following Is 0 Temalnation Event of Default:
« If you commit baud or make a material misrepresentation at any
time In connection with this account.
•. . It you fall to meet the repayment farms of this agreement for any
. . ouista.ndlng.balan.ee,
• II any action or Inaction by you adversely affects the property
_ . . . seeunrig this account; or anyorour rights In such property:. . . . . .
''J5.5 Our Rights To Suspend or Reduce Your Credit limit
,■ (a) Suspension Or Reduction. Subject to Section 6.2, we have the
. fljv. right to sosperd or reduce yo.,r crddii limit if any 0' me events listed
l.l,r .. . . . In Section 6,8 occurs. Those events are called'SuSpension Events
4!;,. . . ,.. pf..De(ault".. Suspension of you, credit limt means thiit yotr ‘
purchases during the period cf suspens on. If ycj wont to. reduce.
your credit limit, you must tell us In your notice what amount you
wont your credit emit reduced 10. Suspension or reduction will be.
effective when we receive your written notice and have had a.
reasonable time to act on it. If you want us to remove a suspension
'■. . . . . . ' ' - - - - " "tilt that you asked to be
n accordance with the
„_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ..15.5(c),
(o) HoW" To-Give Notice,. Your written nolicn. nf cammllntlnn nr
request to suspend your account or reduce your credit Ifmlt must be
mailed to the address set forthTri Sectioh 5.5(c). We may require'"
. . you to use our form of notice. We may waive any defects In your
notice, but we are not required to, If more than one of you has
signed this agreement, any one of you may cancel or request to
suspend your account or reduce your credit limit. We are not
required to notify the others, •
our Obligations When Draw Period Ends ) Your obligations, ft t-o Draw Period ends early because we
terminate your account for default or you cancel your account, all of
our rights and your obligations under this agreement continue until
there is no longer any outstanding balance.(b) Access Devices.. You must Immediately step using and destroy
. . your "Personal" Credit tine-Checks;-' Credit Card rand any other
i»,4I'"
■ I.
"i.
- . .
access devices or means of access wa have given you to use for
this account. You must promptly return any access devices to us If
we ask you to do so. ■ . ■
(c) Advances And purchases. We don't have to pay any Personal
Credit Line Checks, make any advances, or accept any purchases.
. . If.we do, you will stil. nave to repay those advances one purchases.. . .
You will also be liable for any related finance charges and other
. fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s
I&
f
. f*5;"
.
Y.
y uwui o, 11 iwvu vr vi iiw u 1 v vyiiw u yvvvi w * v 11 a* ?vi nu v 11 ^ ..... • * • —— •— . — .••.Su$Densfon.ofyour..credit Irt. . . . . . •. .CpM.m6tB..M.|warded.Mf.wurtf.,.K.Jlflll
se this account fo obtain advances or make purchases * Reesonabja costs and expenses of, taku
...of. Default’. __
be able to use. . . . . . . . .
during the period of suspension;
6.9 Attorney Fees And Coets
If you default, you will have to pay the following costs and expenses we
incur:
. . «. Our reasoneblc attorney fees If we hire an attorney who is not out'
employee.. . . . . . . . . . -. -. . . . . . . . . . . . . . . . . . . . . .
%
(b) Our Notice, il-we suspend or reduce your credit limit, we will mall
or deliver written notice of such action to each of you, within, 3
business days after we take the action. The notice will tell you the
specific reasonts) for our action, ' , _ , ,. ,
(c)_ Your Notloo. II a Suspension Event of Default ceases to exist, you
_ _ _ must notify us. before we ate. required toiako any..hirj,p/action to
, _ _ ,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ possession of, holding,
. . . . . preparing for sale and selling any collateral for this account,, „ . . .
. . . However, we wilt .not require, you.to pay any. amounts, prohibited, by
applicable law,
8. GENERAL PROVISIONS
remove the suspension or reinstate your credit nmit. Your notice
, rr.LSt co In writing You must send your notice to The Huntington.
. . National Bank, Personal Credit Line Department, NC1N10. P. O,. .
Box 1558, Columbus, Ohio 43216. Your.notlce must tell us why
you think your credit limit should be reinstated. All of you must sign
your notice. We have tho right, but are nbt required, to waive any
defects In your notice, When we receive your notice, we will
. . . investigate and determine whetha- your credit frit, or same portion.
of It should be reinstated, We ere not required to remove Ihe
suspension or reinstate your credit limit amounl:. . . . . . . . . . . . . .
- • If a terrnlnallon Event ot Default has occurred and is continuing.
or if we terminated your account and ended the Draw Period as
a result of a Termination Event of Default.
< During any period during which a Suspension Event of Default
oxists>
* If wo canceled your account end ended the Draw Period early
at your request. .
• if removing the suSpenaion or reinstating a prior cradlt limit.
would Impair tho security for this account, because, for
example, an intervening lion from another creditor may have
priority over our mortgage, deed of trust or other security
|riiter©st account.. . . . . . . . . . . . . . . . . . . . . .
. . . You must pay for any title search or appraisal report we obtain on.
the property securing this account In connection with your request
for removal of a suspension or reinstatement 0/ your credit Imlt.
(d) Further Roquost. If we decide not to reinstate your credit limit after
receiving your notice, you have to send uo another notice tf you
want us to reconsider or if you later- want us to reinstate your
account. We have no further duty to investigate If you give us the
' same reasons and there is no material change in the underlying.
■ijj,. . . . . facts.'. . . . . . . . . ;■. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76.6 SuspensionEvenUOfDofault t u
■ '>• Each of the following Is a Suspension Event of Default: , ,
• If the value or the real property securing this account declines
. . signiflcantJy..below„the..proparly.,s .appraised ..value, for purposes, of.
this account. '
K we reasonably betievo that you will be unable to fulfill tha
6,1 Transactions in Foreign Countries 4 ,
If you use your accdum to pet ah advance or make a purchase ln a
. . . foreign countfyrthe transaction may be in foreign currency.- If too
- transaction la In a-foreign currency^.we wiil post thotransactlonto yourluiiiaavuwi iTU iii g-iuiciu i te-unDn^y. win pvot uiu uui.iaauuui rymaaouunt in U.S. Dollars baaed on the currency exchange rata In effect
on tha day wa settle the transaction. The cunency exchange rats may
be different on that day than on the day you used your account. Also,
there may be special currency exchange charges, adjustment (actors,
surcharges or other charges that otters charge. anc this may'. . . .
thq amount of tne tfansaclk)|i, Ail of this may result in you
being posted for
the transaction.
IS may. increase
-"‘uraccount, greater or lesser amount than the original amount of
&
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.
jju.
■#■
8.2 Tax Implications . . . . . ,, ;
You should consult a lax advisor regarding the deductibility of Interest
and fees under this account.
6.3 Unauthorized Use , , , •
. . . You agree not to allow any unauthorized person to use this account. If
Section 1.9 applies to your account, you agree not to use this account
for arty purpose other than payment ol construction costs during Ihe
construction financing period,
6.4 Lost Or Stolen Access Devices. 1. . . . . . . . . . . . .
(a) Notification. You agroo to notify .us Immediately If
4 ■
if ■
t?
.ts.
•*S»
ii
..w....._ _ _ _ 4 . . . . . . , .. ..., accessdovico or means of atwe'ss idr your account is lost dr stolen or used
by someone without your authority or in excess ot your authority.
(b) Cradlt Card. You may be liable lor uneuthonzed use of your Credit
Card. You will not be liable for unauthorized use of your Credit
Card that occurs after you notify us of tho loss, theft, or possible
. . unauthorized use. In any case, your liability tor unauthorized use of
. . ycjr Credit Card will nut exceed $50.00. . . . . . . . . . . . . . ,. .
(c) .Where To Notify Us, Notify us by calling the following toll, free . number!' 1-3C0-525-5B78. .1 you also wen” to notify us in writing,
you must do so at The Huntington National Bank, Credit Card
Security, P.O, Box 1558, Columbus, Ohio 43216, but calling is the
. . bout way to lim t your Iboi ty. . . . . . . . . . . . . . . . . . . . . . . .
repayment obligations under litis account because ot a melons!
change In your financial circumstances. . . . . . . . . . . . . . . .
If you are in default of any material obligation under this agreement
(see 'Summary Of Your. Material Obligations. Under. This
Agreement" on the sixth page of this egreemenO.
if we are precluded by government aeffon from imposing the annual
percentage rote'or rates provided for in this agreement.
Inna priority of our security Interest in^tha rearp. . ‘. .
6.6 Notice To Us About Changes That Affect You ,
You agree to notl^i us promptly if any of you has died or. any of-you has,...
any change of address, name, or employment or any material change
in financial circumstances
. . _ _ _ _ ,_ _ _ _ _ _ _ _ ,. . . . . . . . . . rsecuring this.
.oecount^-Is adversely affected by government■aotlorv-to-the--extent-
Ik . that the vaiuB..of...that .Becurity...lmerest.ls...less..than. .120% of..your. ..
»• ’ credit limit, . ...
. . If we ora notified by a regulatory agency tha: continued advances or
■«i purchases on your account are an unsafo or unsound practice.
(.• « If the maximum annual percentage rate Is reached
•s5.'7 Cancellation Or Suspension,By You , , , ,
y»?- (a) Cancollatlon, Alter the construction financing period (If applicable).
. . . . If-you want to cancel your occounti you must notify ua In wrlilng thal
you are cancellng.your account. ...Cancellalion.wlll DO.offectlve.whon .
we receive your written notice and have had a reasonable time to
act on il. A canceled account cs-mo! have tne " Draw Period
6.6 Stop Payment Order
(a) Howto Place One. To place a stop payment order on a personal
Credit Line Check, call the following loll free number:
. . . . . 1-800-620-5878; You may also write to us (rra form wo approve at
. . . . . the address show." in Section 5.5(c). If more than one o' you has .
signed this agreement, any. one ot you may issue a stop, payment
order, vi/e are not required to notify tho others; All requests to stop
. . . . . payment must clearly" Identify the" ilem,. We must receive the
request by the business day prior to the business day fire Item Is
presented to us. ,
(b) Length Of Stop. An oral request to stop payment Is only effective
1 for 14 days, unless you confirm the request In writing In a form we
■ oppro'vo. A written request In a form wa approve will I
reinstated, but you may apply for a new aocount.
(b) Effect Of Cancellation. Cancellation
& '
fK:'
. . . . . . . . . . . . . . . . . . . . . . . means that you have ended
the Draw Period eariy, and you will be permanentfy unable to use
this account to obtain advances or make purchases. We do nol
have to refund any part of tho annual fee or’any other fee If you
cancel, You must Immediately, stop.using your. P.oraonal.Credit Line,
Checks, Credit Card, and any other access devices or means of
,151"fe-
access we have given you to uso for this account. You must
promptly return them to us If we esk you to do so. You will still be
liable .for, any continued use c* your account ofte: you ciipco:.
Including repayment of any advances or purchases and any related
. . finance charges and other fees. If you cancel your account, the
mmont Period will' begin for the monthly statement period
ng tho monthly statement period In which your cancellation Is
effective,
(e) Suspension Or Reduction Of Credit Limit By You. After the
construction financing period (If applicable), If you want to suspend
or reduce your credit limit without ending Ihe Draw Period early,
.. . . . . . . . . . ... _ . . . j approve will be effective -
. . . ,. for 6 months after the dale wo resolve It.. . . . . ,. . . . . . . . . . .
(c) Reimbursement You agree to reimburse us for any liability we
. . . . . Incur because we complted with your stop payment order. This-
Includes our attorney fees and court costs. However, we will not
require you to pay any amounts prohibited by applicable law. It you
do not reimburse us for those amounts, you authorize us to add
(debit) them to tha balance In the account. II we pay the Item by
mistake, wa may still have the right to charge you for If.
6.7 chartgo InTorms, ' . . . . . . . .
wa can make the following changes to your account:
• Any change that you specifically agree to in writing at that time.
• Any change thal will unequivocally benefit you through the
. . . . . remainder ol your account.. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . — ntohange;. . . . . . . . . . . . . . . . . . . . . . . . . . .These are In addition fo our rights (described elsewhere in this
agreement) to do the following: • ,
• Change (tie annual percentage rate or any Index and related
or reduce your credit limit without ending Ihe Draw period early, it tElectronically Filed" 07/31/7017 14"I6 ' ' /. / CV 11883795^
margfii.
Make any other changes specified In this agreement that will occur
If a specific event takes piece.
ottusiraiitHeir reduce your
^
1.:
...iL
Personal Credit Una Agreement And Disclosure Statement - Secured (PCL Secured 05/08)' '!sri
Page 60(61'),.
jfi
or.
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. . . than .... _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
, law, We mil comply with any applicable legal requirements with respect
1 to the form, content, liming or other matters applicable lo the notice,
You agree .Ihat. changes, wplapply ..to. advances.and.purchases made.
prior lo any change as wall as to now advances and purchases. The
. . . term"change* Includes the addilloh of new provisions;. . . . . . . . . . . .
8.8 noisy Or Waiver Of Our Rights ' .
We may delay or waive 'any ,of our rights without losing them or
diminishing their effect. This does not become a delay or waiver of any
I id Maiva t«f ■•••■*#' nmnlMTrHPfi' n a amaaSA Ia "
6.9
or purposoa ofl ’
nlhfir hdftlnocB i ‘
. . . your account after we make a record, copy, photi
. . . representation ot It by ifilectronlc or other means lor
reducing papetwork storage requirements or' for other business'!
' reasons, You agree that such destruction does not alter the Intent of, ,
the panies to continue to be bound by the transaction that this ■
. . . docucmmtroprr cents. . . -. . . . . . . . . . . . . . . . . . . . . . . . . ;/).
6.15 Use Of Payments For Other Purposes. . ‘. . . . ' 'll.'
. . . Our automated payment processing system and the volume oft".
payments we process do not permit us to Identify or respond to items' '
Sant on or with your payments. This Includes messages, additional:!,
, r, —. . . . - - - - - - - - - - - - - - - - - - - , contract terms, contract modifications, limitations, restrictions, or other, .
other or future occurrence. None of our employees or agents Is matters you place on or with any check or other moans of payment)!
authorized ..to waive any. of our rights , or -your obligations except ln. . . . . You agree that you will not use any check or other means of payment?} !
writing, We .m.ay .aacepUato.paymen.lS..or. partlat,payrnants, .even though. . . . . or any payment stub we provide for your usof lor anything other man to v
houmAAt IA 8.11' Ar.«imiu, . . . ,~.i»a make a payment on this account; You waive any rlghl you may!''hiarkdd. 'payment in' ten'"Sffalm!li'r"'!Em^aSe,’'ifwl9iout losing'or
diminishing any of our rights. ' . 4 •
Information About You Or Your Property .;
You must' promptly provide to us Identification.*,,and verification
Information as required by applicant law. Wo iney.slso require you to
furnish us with complete .financial Information* fromjtlme to time. You
.agre.e...to„.do..so..promptly-lf, .we..ask.:...You ,authorlzolu» to obtain credit
reports on you and to cneck your cfodlt an'dComployrnont from time to
lime. You authorize us to conduct appraisals 'eridftwille searches of the
property securing this account from lime to lime as we deem necessary.
You authorize us to disclose the balance and,term of your account and
your payment history to otnors wno we oel.ova have.a ogft malo use.for...
inat irtormatlon. ■ . .
6.10 Your Waiver *
You waive the following formal requirements (If applicable) with rospoot
to amounts owed under this agreement: ; \ .£•
' Presentment (demand for acceptance or,payment).
' otherwise bavo to do so. Among other things, this means that you};
cannot use any check or other means el payment or any payment stub?*,
for any of the following: , t?,
...*. To..modlfy..or..cbanga.tha .te«ii8..of this agreement or the account. -.-.I.... . .
• To create any new contract or obligation, whether or not rolmed to.1 ■
. . this ag-ooment or the account. • ‘. -3! ■
• . To alter the amount due'er discharge your obligation tor less than'. .
the full amount duo as shown In our records, * tjte *
• To assert any billing error or other problem with your account. (! ., I
Nothing we do will be effective or enforceable as our agreement to any:
such additional previsions you may 'add. This Includes our;}! 1
endorsement, acceptancej negotlatloni iransferi qr deposit of any check"1'. .
Or other payment containing any such pravlsons. If you wish lo' . . .
communicate with us, you must separately write to us or call us at our!/'
customer service telephone number on the billing statements ‘ft
6,16 Payment Conversion
(ft ,2 i
Notice of dishonor (notice of refusal ofWotherpaiw to
Protest (formal certification of dlshonorpnd.holldo of pIda of protest;
It you pay us by check, draft,, order or other written Instrument,jM..mayii< i. .
AA...AA«...,- - - - - - - - - *— electron::; debit against the account;. . .'Convert that torm of payment to an
. on which such Instrument Is drawn.
6.11 Assignment Of This Agreement ' I •
We have the right lo assign this agreement liywhole'or in part,
8.12 Margin Stock limitation ' ,, I:.
■ , You agree not,ip.use.ygur account to...R.urcJ3.a;s.e...eqyrmargln...stock'at
any time white any ol you has any other purpose credtbtoan secured by
any margin stock (as defined In Regulation;)); 12C.F,!R.Psrt
6.13 Monthly Statements '
* rAHp MAHtta ll,A llltll » ■
1221).
6.17 Use Of Accounts • * , £[•
(a) Transaction With Our Affiliates.' You represent to us that you arej!
not obtaining mis account in contemplation of using funds from this!)
■account to purchase securities from or through a broker-dealer);!'
. . . . . . subsidiary of our holding company.'. . . . . . . . . . . . . . . . . . . . h ;
(b) Types Of Use. We are net responsible to'any of you (or how this-*;
account Is used by any of you or whet types of transactions any of.:;
' This Includes use or transactions by any personyou conduct. . . . . .
- - - - - , ' which any of you authorlzo, Other thanEach month we will send you a statement unless youqaccounl has been ' applicable law: , *
Inactive, and you don't owe us any moneyOor. unlpss' applicable law ■ We aro not required to monitor and/or prohibit transactions that!!'
prohibits-- us...from-sending. statements, jThe. statement'Will'Show. . . . . . . . . . . any of'yoU'consIder or tell us'am'tnacpfOBHatS'bfTmffijHeht,. ft
Information about your account, Including rate,Information, the minimum • ■■*—“---■**- - - ----—
amount you must pay and when ft Is due. " You (agree to notify us
promptly if you believe there ere anwerrore or.unauthbnzed transactions
on your statement; ■ We have no obllgetiorTtoThctufte with the monthly. .
statement any cancelled Porsonel Credit Line Checks or Credit Card ,
may be required by}}'
jaii!'1,
,_ _ _ _ _ _ _ _ _ _ i aro happroprato or imprudent.
Wo are not required to notify any of you how this account Is i 'it :
‘ ’ ' " oftransaouoi ' ' . . . . . .belng'used or what types
. To determine how the 8c<
1 LI ll» (IMlUUI It 19 I ,*f .i being conducted, tel
'btfflM^''afb''bei^obn?ti3^yM§^lMn^r revlew^ybSrlf
, receipts.
6,14 Document Rotontlon ' ,
We may, in the ordinary course ol buslnoss, destroy,-the original and/or
. copies of thls..documenf.or any other documents In connection with. . .
monthly billing statements.. If you want to prevent another account':)
holder or authorized user from using this account or conducting1}
certain types of transactions, you must cancel this account as!-
provided In Section 5.7. . ■ , .ij;
' ' ' ’ ’ l»1^ ,. . . . 1. . . . . . . . ■. . . . . . . . . . :n
' • . '"i,
Summary of Your Material Obligations Under this Agreement
You must tollowour rules for obtainlrig-adyancesyndmaklng purchases (see SectionsT.T,'1.2,1.3, TA, T.S,T.6 arid 1.9).' •You must pay all amounts owed (see sections 1.7,3.1,3.2,5:3, 3.4,5.3, 5,B and 5.9). ■ J * .
You must not exceed your credit limit (see Section 1.8,5,5 and 6.7), ■■
tt the "Construction Financing" box Is chocked on the first pegs of this agreement, you must comply with alt ot the terms and obligations of the
construction loan agreement (sea Section 1;9).f trust (see Section 4.1), . ■
5. You must secure this account with the property Identified in this agreement (see Sections 4,1 and 4.2), . - '
6. You must.keep the real, property, securing this account Insured and pay taxes and other omounte duB In connection with tho property (see Section
4.4 and 4.7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. You must not Impair (ho security for this account (See Section 4,5), "
8. If you use the real property securing this account as ypur personal residence, you must do eo for the Ilfs of this account (sea Section 4.8).
9. You must cooperate with us In updating your aceaunfiby providing Information (Including but not limited to Identification and verification Information
required by law) and allowing us to appraise the property securing this account (sea Sections 6.5 and 6.9).
li
4.
Your Billing Righto - Keep This Notice For Future Use
Thle nollca contains Important Information about your rights and our
responsibilities under tho Fair Credit Billing Act. . ' '
Notify Un-in boso ofError# or-Quostions-About Your Blit. . . . . . . . . . .
... If you.thlnk.your. bill Is wrong, or.if.you.noed more Information about a
transaction on your bill, write us on a separate sheet at the address listed
on your bill. Write to us as soon as possible. We must hear from you no
later than 60 dyaa alter we sent you the first bill on which the error or
problem appeared, You can telephone us, but doing so will not preserve
Cellar, give us the following'Information:. . . . . . .
*Your name and account number,. . . . . . . . . . . .
•The dollar amount of the suspected error.
• Describe tho error and explain. If you can, why you believo there Is
an srror, It you need more Information, describe the II
sure, about,
i Item you are not
If you have authonzed us lo pay ypyr bill automatically from ..your
savings or checkr.g account, you can stae tho payment on any amount
you think Is wrong, To stop Iho payment your letter must reach us 3
business days before, the automatic .payment Is Scheduled to occur,
Your Rights and Our Responsibilities Alter Wo Receive Your Written
Notice ' ■ .
We must acknowledge your letter within 30. days, unless .we. have
corrected the error by.ihan. Within 90 day, w© must either correct the
error or. explain' why wa. . believe the bill. was. correct.
After wa receive your letfer. we cannot try to collect any amount you
quastlon or report you as delinquent. We can continue to bill you lor the
amount you question, Including finance charges, and wo can apply any
unpaid amount against your credit limit. You do not have to pay any
.questioned amount while we are Investigating, but you are still obligated u
to pay the parts ol your bill that are not in question. '
If we find that wo made a mistake on your bill: you will not have to Pay £
' any finance" charges ralated TP any duesttoriSd " amount;' If we didn't ffe
make a mistake; you may hava to pay tlnanca chargesi.and you will havoA
to make any missed payments on the questioned, amount. In either S.
ease, we will send you a statement of tho amount you owe and the datoy
that It Is due. ■ . ', • -A
If you fail to pay the amount that wo think you owe, wa may report you1,
, as delinquent. However, if our .explanation does not sollsty. you end youi,
write to us within 10day3 telling us that you still refuse to pay, wa must tell;,
anyone we report you to that you have a question about your bill. Arid, wee
must toll you tho nemo of anyone we reported you to, Wo must tally
anyone wo report you lo that (ho matter has been settled between us..-r
when It finally Is. ■ ' ’ , «;
If we dorvt follow these rules, wo can't collect tho first. $60 of (he!}.;
questioned emounb ovqn if your bill was correct;. . . . . . . . . . . -. . . «
. Special Roto for Credit Card Purchases . . . '. . . . . . . . a
■ If you have a problem ,wlth the quality of property or services that you-:
purchased with a credit card,.end you have tried In good faith to correct?; ■
the problem with the merchant, you may have the right not to pay the*)!
remaining amount due on the property or services. There am twoTi.
limitations to this right: . . . . . - . . . . . . . . . . . . . . . . ■
(e).'Y.ou must have made the. purchase.ln .your home state or, If not. wlthln ;j,.
your homo state, within 100 miles of your ourrenl mailing address; J ;
. . arid. . . . . . . . ■ • ■ lit;
(b) The purchase price must have been more than $50. , 5i
These limitations do not apply if we own or operate the merchant, or if wo jlj
...mailed.you.the.advflrttflement..for.tho.proporiy.or..servlces . . . . '. . . ,. vj
Electronically Filed 07/31/2017 14:16 / / CV . 17 883795 / Confirmation. Nbr. i 1
NOTE0106
